Summary: We cannot investigate Miss X’s complaint about information the Council provided to the court in proceedings relating to her daughter because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council lied in its assessments for the court and ignored that her ex-partner was abusing her daughter. Miss X says the Council also ignored that she is a highly qualified childcare professional and due to its actions her daughter is now living with her father rather than with Miss X.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complains about information the Council provided to the court in proceedings relating to her daughter and about the impact of this.
8. The Council told Miss X it would not consider her complaint because it is about matters that happened over 12 months ago and because it is about matters that have been considered in court. It advised Miss X to seek legal advice about returning the matter to court.
9. This is not a complaint we can investigate. Complaints about matters that have been subject to court proceedings lie outside our jurisdiction and the law prevents us from considering them. We have no discretion to do so.
10. Miss X also said the contact rules set by the court are not being adhered to. This is a matter for the court to consider whether there has been a breach of a contact order and, if so, whether any action is required by the court. It is not a matter we can decide or take action on.

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Final decision

11. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman